Analogy And Exemplary Reasoning In Legal Discourse

ISBN: 9789462985902 出版年：2017 页码：197 Hendrik Kaptein And Bastiaan Van Der Velden Amsterdam University Press

State of the art on analogy and related forms of reasoning in law, including contributions by brewer, golding and other scholars predominant in contemporary debateanalogy and exemplary reasoning in legal discourse is concerned with likeness instead of identity as an important issue legal reasoning. Thus a steamboat carrying overnight passengers is no inn, still liability of innkeepers for what befalls guests at night was judged to apply to steamboat companies as well. Such analogical reasoning is as important as it is contested, as is amply demonstrated in this collection of essays with contributions from scott brewer (harvard law school), martin golding (duke university) and many others. What is the logical, argumentative, rhetorical or just heuristic force of analogy in law? is analogy really different from extensive interpretation?the main focus here is on analogy and exemplary reasoning in adjudication, though there is also discussion on analogy as prescribed by paradigmatic civil law codification in determining special liabilities in the netherlands.One more original contribution discusses exemplary reasoning concerning judges as role models of their profession.